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erax

Loosing Tdiu Due To Not Returning Va Form 21-4140

Question

‎Thursday, ‎September ‎06, ‎2012 02:05:16 AM

I Got a letter August 31, 2012 stating "We have received your application for benefits" I got hold of the VARO 800-827-1000 today from a schedule call back.They told me it was for TDIU form 21-4140. She said she would send one out the next day. I printed one and filled it out off the internet.

Today, I get a letter from DVA RO St Louis "We propose to discontinue your TDIU and return you to the scheduler 90% for "Notice has been received you failed to complete and return a VA Employment Questionnaire, VA Form 21-4140." " Chapter 35 is proposed to be discontinued."

Daughter is in her last semester of college and my son just started his 1st semester of college.

The Rep at the VARO stated that the letter was sent out April 13, 2012. To my current address. I live in TN now (1 yr this September) the VARO for TN is in Nashville but, the letter and my records are still in St Louis. To my knowledge, I never received the 21-4140 form or I would have sent it out the next day.

I'm undergoing through an intense PTSD program.

The letter states "The best type of evidence to submit is in a statement from a physician who treated or examined you." I see her Friday September 7, 2012.

My question is ,will my specialist , psychiatrist be able to submit the evidence needed. My PC doesn't know crud about me and I just put in for a change of PC doctor because of the lack there of my medical needs. I'm going through hell with all my medical problems and trying to get them sorted out, one clinic after another.

Also, I thought after a knee replacement you automatically were supposed to get 30%. They kept me at 20% and the TKR is crap. Its as painful as it was or worse before the replacement. Both knees have been replaced an revised after I have loss count of the reconstruction surgeries, removal of ligaments and ect ect. Ankle and feet are battered and noted its due to the years of my SC bad knees. I half to still wear braces on (L) knee because of instability and "Jumping Post" ( left knee totally dislocates) brace for (L) ankle and getting fit for the umpteenth time for special inserts and shoes.

Sorry for the rambling. anxiety is at 8-10. Please help.

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Make sure you keep a copy of the form. I might also suggest you fax it to both RO's also. You have to fight them with paper work just like they are attacking your IU!

Take a deep breath and get moving you should be fine!

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“My question is ,will my specialist , psychiatrist be able to submit the evidence needed.”

I suggest that you bring the VA letter with you to the appointment you have this Friday.

I would certainly hope this doctor could help you when they see the VA request in the letter.

But will the doctor note this in your med recs, that you continue to be unemployable ,or be able to give you something you can submit yourself to the VARO right away?

These problems can be corrected but you have a response period and I strongly suggest that you get a vet rep who can also keep copies of whatever you send to the VA and who can verify what they themselves submit on your behalf.

A couple of years ago the VA 'inadvertently' 'forgot' to send out the 21-4140 forms to countless TDIU veterans,who-since they never got the form, suddenly got a proposal -to -reduce letter.

What a big hoopla that was. Vets were quite vocal in complaining to the VA and most,if not all of them received the proper form and the proposed reduction idea was dropped.

I recall at hadit when this happened that John999 and others here said they were copying blank 21-4140 forms and marking their calendars for when these annual forms must be filed so that this crap would not happen to them.

Don't worry-this can get fixed- but make sure that the doctor,hopefully, sends a statement to the RO or somehow documents that you are still unemployable,for you to submit to the VA.

This concerns me----

"Also, I thought after a knee replacement you automatically were supposed to get 30%. They kept me at 20% and the TKR is crap. Its as painful as it was or worse before the replacement. Both knees have been replaced an revised after I have loss count of the reconstruction surgeries, removal of ligaments and ect ect. Ankle and feet are battered and noted its due to the years of my SC bad knees. I half to still wear braces on (L) knee because of instability and "Jumping Post" ( left knee totally dislocates) brace for (L) ankle and getting fit for the umpteenth time for special inserts and shoes. "

You might have the basis for a Section 1151 claim here.

The rating criteria for TKP is in this BVA decision:

http://www.va.gov/vetapp03/Files/0316240.txt

This veteran succeeded in a 1151 claim thus:

“ORDER

Compensation benefits pursuant to the provisions of

38 U.S.C.A. § 1151 for the residuals of left total knee

replacement (arthroplasty), resulting from medical treatment,

specifically, surgery at a VA medical facility in September

1991, are granted.”

http://www.va.gov/VetApp99/files2/9915832.txt

Section 1151, 38 USC basically means that ,if the VA buggered you,worse than you were ,for any disability, to a ratable level then you could successfully succeed in a Section 1151 rating and award.

This type of compensation is paid separately from direct SC compensation.

It is possible that you could attain SMC under 1151 for these problems that seem to stem directly from VA care regarding the TKP.

Of course I am just making a guess here and this would take a review of your medical records and probably involve getting an IMO if there is a 1151 claim basis.

My neighbor who mows my horse pasture,every week, then volunteers at a food bank and cleans a cemetery weekly has had TKP from VA for both knees for many years. He is at least 75 years old and the only problem he had was that VA didn't believe him when he said one leg was shorter than the other after the surgery, causing him balance problems. After him being persistent,they finally measured his legs, gave him orthonics to fill the gap, as the vet did have one shorter leg, and he has had no problems since,with the TKP .

It sounds to me like that TKP situation has caused you much difficulty,and if VA caused these problems they must compensate you for them.

The full gamit of Section 1151,38 USC is in our FTCA/1151 forum here at hadit. These claims require proof of additional disability and then proof that VA medical care caused the additional disability.

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The VA places an inordinate amount of faith in the postal service, taking actions that have drastic impact on veterans lives over mail which may have never been sent or received.

They take no additional action - not even sending another copy of a form before causing this grief.

I'd consider a class action suit to change this. There's been enough heartbreak. mad.gif

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The VA sends you a rating decision with appeal rights via regular mail. They don't think it is important enough to send it certified mail. However, if you send them something in the mail it better be certified mail or some other accountable form of mail. I can't count the number of times the VA has lost my evidence.

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Thank you for the help I will keep you posted and let you know the out come. I will also be asking for advice on the 1151. I dont weather it was the VA fault for all the surgeries. I had trauma injuries to both legs in one fell swoop. ignored the shoulders for wish is another issue. I'm just taking in a deep breath and trying to get my ducks in a row. I didn't realize just how bad things were and I let the VA run/ruin my life. I was a ginny pig for years. Kind of lets see how this works for to get you by. Some of the surgeries were absolutely horrible. ie. A gortex graft Artificial ACL when the doctor was removing the screw the band exploded I was quarantine in the St Louis hospital for 3 months I ended up with " a sterile infection" They had to open my knee once a months to pick out the pieces.. And the story continues.

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